Concept of citizenship in the constitutional text in the development of

"Citizen" concept [1] is alleged to have full sovereignty with the characteristics of the modern Political state corresponding, as a sovereign state constitutes one of the elements of the "residents" of individuals. In modern society, "citizens" means that the individual belongs to an independent full sovereignty, a set of legal and orderly operation of the operating mechanism of state power "Political state" and "citizen" is a personal and Political ties between the sovereign states of the "value of the property," is man's natural features and social characteristics of both combination. based on the rule of Law, individual and Political ties between sovereign states is the "constitution" to be provided and, therefore, whether the individual has a "citizen" such legal capacity (from the sociological terms as "social roles" must rely on a sovereign state constitution clearly defined.

Since the late Qing Dynasty in China to implement the constitutional line of imitation, the relationship between the individual and the state into the constitution since the scope, as individuals with Political ties between the countries "citizens" of legal status, not from the outset has been clearly affirmed constitutional norms , during which underwent a "subjects" to "national" from the "national" to "People" from "the people" to "citizens" of historical development. in the individual access to the Constitution "citizens" of the historical development of legal status process, individuals and political ties between the countries from the slave to the equal, and never clear to very clear, "citizen" concept makes the individual and political ties between the countries institutionalized, standardized and Law, as "Civil society" "rule of Law" laid the constitutional basis for the establishment.

First, before the establishment of New China, "citizen" concept embodied in the constitutional text and features in the
(One from the "subjects" to "national"
Before the founding of new China, the Ministry of the historical text of the Constitution, expressed the individual and the concept of political ties between the countries is not a "citizen" is .1908, the Qing Government, through the <<Imperial Constitution, "the Outline> using the" subjects "of a words, but the outline did not appear in the text corresponds with the individual "country" concept, but used the "Great Qing Empire." Thus, in the "<Imperial Constitution," the Outline>, individuals and political ties between the countries fully are "from the property", personal is "ruled" the legal status of the text appears in the Constitution.

(B "national" and "people" mix
After the victory of Revolution, the Kuomintang, led by Sun Yat-sen founded the Republic of China in Nanjing Provisional Government. Provisional government for the light Yang Xinhai Revolution of the fruits of victory, and to restrict future Yuan came to power in March 11, 1912 issued a << Provisional Republic of China Law ">. the <<Provisional Law"> in the expression and the "ROC" corresponds to the legal status of individuals at the same time using the "national" and "the people." but "national" and "the people" as provisions of the constitutional text on the legal status of individuals, between what different connotations, is not very clear.

1913 by the then so-called "Republic of China Constitution Drafting Committee, the Congress," prepared <<Temple of the Constitution "Draft>, continue to use the" national "and" people "two words, however, still does not define the relationship between the two, and whether the allegations of the corresponding personal and national. The Chapter III of the draft constitution, "national", of "people" the right to make the detailed provisions. and in Article 3 clearly states: "Where determined by the laws of the Republic of China nationality , People's Republic of China ", the first reference to" the people "that qualification. It is clear from the constitutional technical point of view, the draft constitution is basically a" national "and" people "concept mix. Since then, 1914 <<China About the Republic of China Law "" (also known as "Yuan mind about Law," 1923 <<ROC Constitution> "(called the" Constitution of bribery "provisions are made accordingly.

May 12, 1931 by the National Assembly (June 1 the same year the National Government announced <<tutelary period Republic of China Law "> and 1936 <<ROC Constitution," Draft "(called the" Fifth Draft Constitution " , 1946 <<ROC Constitution,>> similar, begin with "national" in reference to the ownership of the subject of national sovereignty of each molecule or with the Republic of China nationality, to "the people" rights and obligations shall subject said. But <<Training Administration period of about Law "> turn the" national "and" the people "by combining the common recognition of the individual constitutional rights and obligations. to determine from the above provisions, it seems that can be inferred that the text in the Republic under the Constitution" national "The overall scope of the" people "generally consistent with the scope of" national "in the performance of the individual, and" people "is a collective performance.

(C "citizens" the legal expression of the concept of
Although the "citizenship" concept does not explicitly appear in the various constitutional text, however, before the establishment of new China in a number of important legal documents have a "citizen" concept, although the use of "citizens" of the concept of "national" "the people" the meaning of the concept of mixed use, but as with the political state that corresponds to the "citizen" concept has attracted wide attention.

Sun early in the "<Chinese Revolutionary PArty General Chapter>> specified in the" revolution "of pArty members to enjoy the different treatment of the three identities (class identity, and the distinction between members and non-members is limited to the difference between citizens and non-citizens: "(1 where the uprising in the Revolutionary Armed Forces of the Kadima pArty who is not, pArty members called Uprising, Uprising members noted the scribe for the fathers of the citizens, have all the politics, governance and priorities. (2 where the uprising in the revolutionary army, the Revolutionary Government was established to advance the party who called to assist members, help members get attached to active citizens, could have benefits elections and be elected. (3 where the Progressive Party after the establishment of the revolutionary government, it is called ordinary party members, ordinary members have attached to the advanced, enjoy right to vote. "As for the" non-party members in the revolutionary period, without citizenship, the constitution will be promulgated before they may receive from the Constitution of. "[2]
And the Northern government, constitutional documents issued by the Republic of China government is different is that the Chinese Communist Party's revolutionary base areas established to develop and publish the constitutional documents, certainly from the beginning of the "citizen" concept. For example, in January 1934 the Second National changes adopted by the Soviet Congress <Chinese Soviet Republic "constitution" the Outline> Article 4: "In the field of Soviet power, workers, peasants, soldiers and all the hard work the red people and their families, regardless of gender, ethnicity (Han, Manchu , Mongol, Hui, Tibetan, Miao, Li, and in China, Korea, Annan people, religion, equality before the law in the Soviet, are all citizens of the Soviet Republic. To make workers, peasants and working class people truly control their own power, the Soviet electoral law Special states: "Where the case of the Soviet citizens, more than sixteen years of age to vote and stand for election in the Soviet Jieyou directly represented at all levels of workers, peasants and Soviet General Assembly, to discuss and decide all state, local, political task."
In short, from the late Qing Dynasty began to imitate the line of constitutional founding of New China ended, nearly half a century of constitutional activity, not because of constitutional law theory, individuals with political ties between countries in the system in theory and to make full and effective definition, therefore, express personal and political ties between the countries of the legal terms naturally diverse and, from the "subjects" to "national" from the "national" to "People", "citizens", these concepts express personal and political ties between countries are not fully institutionalized, standardized, and there is a simple copying of foreign borrowing and the issue of the constitutional text, the lack of self-contained with Chinese characteristics explain the theory and system specifications.

Second, the new development process of China's Constitution "citizens" Evolution and characteristics of the concept of
(A <<a common program>> on the "people" and "national" provisions
Since the founding of the eve of the birth of the "interim constitution" role of the <<Common Program of the CPPCC>> [3], has not produced a relatively modern country known as the "citizen" concept, only the main force of the revolutionary movement as a social Army, with strong political overtones of the "people" concept. countries have not yet come to recognize from the overall unconditional every individual can enjoy some can fight the country's "fundamental rights." This, From "<Common Program>> 7 can be adequately reflected. which provides that: "People have to suppress all counter-revolutionary activities, and severely punish all in league with imperialism, betrayed the motherland and opposing the people's democratic revolutionary cause of the Kuomintang war criminals and other hardened counter-revolutionary ringleaders . For the general reactionary, feudal landlords, capitalists and bureaucrats, in the disarming, reducing its special forces after the necessary period of time according to the law still deprived of their political rights, but to give way of life, and force them to reform in the labor themselves into new men. If they continue to counter-revolutionary activities, which must be severe sanctions. "Clearly with the provisions of the color of revolution and dictatorship, does not exist to be unconditionally guaranteed by the state," the basic rights of citizens. "
<<Common Program>> also used the "national" concept, but the "nationals" under a legal obligation and moral duty. If <<Common Program>> Article 8: "PRC nationals have to defend the motherland , obey the law and observe labor discipline, protect public property, the applicant and payment of taxes Gongyi military service obligations. "
From "<common program>> on the" people "and" national "concept of the relevant provisions of view, it is clear that as subjects of rights" people "and as the main obligations of the" national "of the legal nature and scope of the alleged population is different. as subjects of rights "people" is a whole concept, does not include all of the people, only people in the "part", and as the main obligations of the "national" to all the individuals involved. On the subject of rights and inconsistent with the scope of the Obligation, Zhou Enlai made in the <"On <draft agenda prepared by the common characteristics and program> report>> Analysis of the made." peoples "refers to the working class, peasants, petty bourgeoisie, national bourgeoisie, and class consciousness came from some of the reactionary patriotic democratic elements. "while the bureaucrat-capitalist class in their property was confiscated and the landlord class was assigned in their land after the harsh repression of the negative to the middle of their reactionary activities positive is more to forced labor, so that they transformed into new people. before the change, they do not belong to the people scope, it is still a Chinese national, temporarily do not give them to enjoy the rights of the people, they need to make them comply with the country's citizens. "[4]
It should be noted that, From "<Common Program>> the provisions of Article 7 of view, does not belong to" the people "shall mean" in league with imperialism, betrayed the motherland and opposing the people's democratic revolutionary cause of the Kuomintang war criminals and other evil presume counter-revolutionary ringleaders not repent, "" the general reactionary, feudal landlords, capitalists and bureaucrats "who do not" political rights ", but" to give way of life, and forced them to transform themselves in the labor and become new people. "This means that in addition to the above-mentioned persons are not entitled to as a "people" a member of a basis for <<Common Program>> be able to enjoy political rights, the other "rights" were not deprived, especially the fundamental right to exist as a natural person must still have been .

In short, "<common program>> Since the founding of the PRC on the eve of the birth, because they are not produced by the National People's Congress, the individual and the state of political relations has been the situation at the time of the Revolutionary War, therefore, accurately reflect the individual and the nation as a political Contact the "citizen" concept can not grow naturally, "the people", "national" as a transitional concept, in the "<Common Programme>> expressed as a democratic state with the corresponding legal status of individuals, which the limitations of both historical phenomenon, but also historical inevitability.

(B "citizen" concept of formal entry into the text of the Constitution and laws
The earliest use of the new China, "citizen" is the concept of normative documents published in 1953 <<Republic of China National People's Congress and local people's congresses at all levels of the electoral law>>, its Article 4, wrote: "Where the age of ten eight Zhousui of the citizens, regardless of ethnic, gender, occupation, social origin, religious belief, education, property status or length of residence, both vote and stand for election. "But throughout the addition to one outside, and Mei You elsewhere, again related to "citizen" is used. At the same time, in preparation for the NPC and local people's congresses at all levels of elections, voter registration work well awarded <<national census registration on>> the first 3 provides: "Where PRC nationals, should be to register." This seems to indicate that the national law is a Republic of China nationality, and citizenship, is a richer vocabulary, not the nationality of the course results. obtained the nationality of that country to become citizens of a country, if not obtained citizenship to citizens of a country is not necessarily.

"Citizen" concept appears in the official text of the Constitution is the Constitution of 1954 Constitution of .1954 by the provisions of the basic rights of citizens, and establish a "national" identity-based human rights system, expanding the <<Common Program>> under the Constitution the scope of the subject of rights, laid the historical constitution of the new China established the basic rights of citizens of the institutional basis of the development of the basic content of human rights.

The basis of the fundamental rights of citizens, through the establishment of a separate chapter, "the basic rights and obligations", the establishment of the basic rights of our citizens the full legal structure.

Although the 1954 Constitution, the rights of the enemies of the people also made the necessary restrictions, but by providing "the basic rights of citizens," the way to give those who honestly transformation of the "feudal landlords and bureaucratic capitalists" to "way of life" In other words, in addition to the necessary restrictions on political rights, other properties of the "fundamental rights of citizens" or conditionally exercisable. in particular the 1954 Constitution, Article 85 stipulates: "all legal citizens of the PRC equality. "This provision is actually a positive transformation of those who honestly" feudal landlords, bureaucrats capitalists "in general terms of the constitutional rights of equality with ordinary citizens. This reflects the emphasis of the modern constitution," State and Civil "reciprocal political characteristics of the country's basic law.

1975, although the Constitution of 1978 produced during the Cultural Revolution, many of which traces of the content with extreme leftist ideology. However, the system built from the perspective, the constitutional rights of the Constitution of 1975 did not deviate from the provisions of the Constitution of 1954 purpose, in addition to retained under the 1954 Constitution, "the fundamental rights of citizens" the right systems and structures, and, also in accordance with the prevailing historical conditions, "the fundamental rights of citizens," the contents of the appropriate changes made, some rights rules also with a certain historical progress, so the whole point of view, the Constitution of 1975 established the system of constitutional rights established by the Constitution in 1954, the constitutional right to have the development system, and no obvious signs of regression.

From 1954, 1975 and the Constitution of 1978 on the "citizen" of the provisions that the concept of "citizen" is basically the concept as a "fundamental rights" exist in right. However, due to political factors since the founding of the impact of various , for "citizenship" in the text of the Constitution has not be confirmed, so there are basic rights of citizens of the constitutional norms, but not the exercise of fundamental rights of citizens the right to define the subject. that the basic rights of citizens of the design of the system way is a serious legal flaw in the system in practice is not conducive to truly establish the basic rights of citizens to achieve protection of specific legal protection system.

(C 1982 Constitution established the "citizenship" to enrich and improve the system of fundamental rights of citizens
The 1982 Constitution on the constitutional rights and the fundamental rights of citizens a series of provisions constitute our current constitutional rights and the integrity of the basic rights of citizens of the system and structure, is the best since the founding of a constitution. The one hand, in the protection of citizens protection of fundamental rights and constitutional rights, the Constitution of 1982 restored a more comprehensive manner the fine tradition of the 1954 Constitution, the Constitution of 1954 affirmed many useful, in line with progress in human rights protection provisions of the development requirements, on the other hand, the 1982 Constitution Also according to China's specific national conditions, to enrich and improve the basic constitutional rights and Civil rights, the addition of many new rights, embodied in the protection of constitutional rights of the Constitution and protect the fundamental rights of citizens with regard to the advanced concepts. reposted elsewhere free papers download http://www.hi138.com 1982 Constitution stipulates that the citizens more fully the fundamental rights of citizens to establish a sound system and structure of the fundamental rights, in particular, highlighted in the Constitution the fundamental rights of citizens in the status of the Constitution, the Constitution of 1954 changed the 1975 Constitution and the tradition of the Constitution of 1978, the "citizen's basic rights and obligations" as the second chapter, on the third chapter "national institution" in front, that the citizens The basic rights and state organs of power between the between the relationship between ends and means to rationalize the state the relationship between power and Civil rights, in line with the basic spirit of the modern constitution Constitution of .1982 in the second chapter establishes the contents of an entire chapter to basic rights and duties of citizens, such as the right to vote and stand for election, freedom of speech, press, of assembly, of association, freedom of procession and demonstration, freedom of religious belief, education and so on.

In addition to the 1982 Constitution stipulates the fundamental rights of citizens, the protection of the constitutional rights of the other rights also involves the main, these rights are the main basis of the Constitution entitled to the following constitutional rights:
(1 rights of workers
Section 43 of the Constitution of 1982 states: "People's Republic of worker rights to rest," "national development workers training facilities for rest and to provide employees working hours and vacations." Article 8 also states: "The members of rural collective Economic organizations of workers, the right to operate within the law plots of land in household sideline production and raise privately owned livestock. "
(2 enterprises and institutions of the workers and the rights of staff of state organs
1982, Article 44 of the Constitution: "The State shall apply the enterprises and institutions of the workers and staff of state organs of the retirement system. Retirees living under the protection of the state and society."
(3 women's rights
Section 48 of the Constitution of 1982 states: "People of women in political, Economic, cultural, social and family life and so enjoy the same rights as men," "The state protects the rights and interests of women, the implementation of equal pay, training and selecting women cadres. "
(4 marriage, family, mothers and children protected by the state
1982 Constitution article 49, paragraph 1, states: "Marriage, family, mothers and children protected by the state."
(5 rights of overseas Chinese
Article 50 of the Constitution of 1982 states: "People's Republic of protecting the legitimate rights of overseas Chinese and interests."
(6 rights of returned overseas and their relatives
Article 50 of the Constitution of 1982 states: "The protection of returnees and to safeguard the lawful rights and interests."
(7 Invalides, the martyrs and their dependents the right to military families
1982 Constitution article 45, paragraph 2 provides: "The State and Social Security disabled soldier's life, pensions families of martyrs and give preferential treatment to families of military personnel."
(8 blind, deaf, mute and other handicapped citizens the right to
1982 Constitution article 45, paragraph 3: "state and society help make arrangements for blind, deaf, mute and other handicapped citizens of the work, livelihood and education."
(9 rights of foreigners
Related to the 1982 Constitution, there are several provisions of the rights of foreigners, mainly the provisions of Article 32 that "the territory of the People's Republic of China protects the legitimate rights and interests of foreigners, foreigners in China must abide by the People laws of the Republic, "" People who seek asylum for political reasons foreigners, may grant the right of asylum. "Article 18 also states: Republic of China to allow foreign individuals in accordance with the provisions of the laws of China to invest in China, with Chinese enterprises or other Economic organizations of various forms of Economic cooperation.

(10 voters rights
Article 102 of the Constitution of 1982, paragraph 1: "counties, cities not divided into districts, municipal districts, townships, nationality townships and towns of the people's congress supervision by the voters," "Local People's Congresses at all levels of the electoral units and the voters have the right to recall the procedures prescribed by law, by their elected representatives. "
(11 rights of the accused
Article 125 of the 1982 Constitution provides that: "the defendant the right to defense."
From the 1982 Constitution on the "citizens" of the provisions of the legal status, the personal and political ties between countries, through the recognition of citizenship, the protection of fundamental rights of citizens have a comprehensive specification. At this point, through the constitutional text requirements, personal and political ties between the countries fully institutionalized and legalized. In addition to the basic rights of citizens to establish individual citizens with national, state organs, the general legal connection between, but also through the provision of workers, the defendant persons constitutional right to a specific subject to further enrich and develop the personal and political ties between the countries connotation. From the standpoint of protection of human rights, due to "universal human rights" concept was established in 2004 in the text of the Constitution, therefore, individuals gradually as to the identity of natural persons from the legal to place political relations with the political state, the political state as a sovereign state residents, one of the constituent elements of the "moral obligation" increasingly enhanced the relationship between the individual and the State ever-expanding field.

(D "citizen" concept as a recognized political ties between the individual and the State has a history of the system of term limits
Constitution of 1982 is produced, the cause of human rights protection in China has been rapid development. Particularly in the early 90s after the 20th century, with the field of human rights in China in the international struggle for human rights carried out by the constant victory in China's human rights policy to refute a few hostile State of the provocative statements, we also protection of human rights the international community, the latest trends and developments in a completely new understanding of the basic concepts of human rights has also corrected some of the less accurate and less original views and understanding of science . particularly in 1997 and 1998, our government has signed a <"Economic, Social and Cultural Rights>" and "<Civil and Political Rights,>>, affirmed the international human rights conventions in the basic universal human rights concept .2001 February 18, the NPC Standing Committee ratified the <"Economic, Social and Cultural Rights,>>, according to the requirements of the Convention, our government will be in March 2005 during the United Nations Conference on Human Rights to the Human Rights Committee China's implementation of the <"Economic, Social and Cultural Rights>> situation. for the cause of human rights protection in China continue to converge with the international community the situation, March 14, 2004 by the Tenth National People's Congress adopted the second meeting of <<Amendments to the Constitution>> to "the state respects and safeguards human rights" written into the Constitution. Here, "human rights" should be understood under international human rights treaties of human rights in the sense of universal human rights, that apply to All rights of natural persons within the State party. Therefore, if not to modify the constitution to add "the state respects and safeguards human rights" in the "human rights" understood the meaning of international human rights treaties of universal human rights, such a provision is actually no meaningless. because from 1954 to 1982 the current Constitution, the Constitution, protection of human rights has been the constitutional rights of our Constitution in the design of the system, the principal guiding principles, but under our Constitution in the constitutional rights, including the fundamental rights of citizens, including, the right to enjoy the constitutional rights of the universality of the subject has not yet extended to all natural persons. citizen's basic rights apply only to citizens of PRC nationality, and the rights of foreigners in the Constitution is constitutional rights through a special system to be protection. According to my calendar on the constitutional rights of the Ministry of the provisions of the Constitution, did not exist for all natural persons in the PRC, a class of constitutional rights. If the constitutional amendment into the Constitution of the "human rights" is not the meaning of international human rights meaning of universal human rights conventions on human rights, then, this concept of human rights into the Constitution is not much sense, but it will also for the protection of human rights since the founding of the national cause of the significant achievements made a negative impact. In fact, Even during the Cultural Revolution in 1975 introduced the Constitution, not only provides more detail the fundamental rights of citizens constitutional rights and other properties, but also emphasized the protection of civil rights is the basic people's congresses at all levels of responsibility. Therefore, "the state respects and protection of human rights "of human rights if the traditional sense, then this provision is superfluous. Therefore, the constitutional amendment introduced in 2004," human rights "concept should be a sense of universal human rights. concept of human rights into the constitution, changed the constitution of the traditional patterns and human rights protection under the structure of constitutional rights, will the Government's responsibility in the protection of human rights extended to include living and working in the PRC, all natural persons are entitled to certain basic human rights, basic human rights than the citizens of these basic rights, the more fundamental protection. However, such a universal human rights and the constitutional tradition of fundamental rights of citizens does not contradict the content, but complementary relationship. will introduce the concept of universal human rights, the Constitution, While recognizing the traditional constitutional protection of fundamental rights of citizens, on the other hand, the traditional constitutional fundamental rights of citizens in the cause of human rights protection still has independent value, different from that of universal human rights, independent human rights protection areas. People who do not have the nationality of the foreigners, stateless persons and other properties of the natural person who, in addition to the provisions of international human rights treaties to enjoy the protection of human rights standards, and can not of course in law with the People's Republic equal citizens of the nationality of the number and scope of constitutional rights. as civil rights, content and scope of their rights than human rights in the sense of universal human rights to be more extensive and in-depth.

Therefore, the constitutional amendment in 2004 the concept of human rights into the Constitution, enriching the current constitution on the constitutional rights and the fundamental rights of citizens of the contents of the system, expanding the scope of constitutional rights and constitutional rights of the subject's depth and breadth, making human rights protection obtain a more reliable constitutional guarantees. "human rights" into the Constitution to expand the concept of the state of the individual should bear the moral obligation of the range, breaking the "citizen" concept of personal and political relations between the legal definition of national boundaries to enrich the modern constitutional the connotation of the principle for the constitution as fundamental law to better safeguard the political state of play "national sovereignty" to regulate the exercise of the powers of state organs order, the protection of personal legal and legitimate role of the legal rights and interests, provide an effective system of protection.




Notes:
[1] "citizen" is a term abroad. It was originally to enter the Chinese people's political vocabulary of the time should be in the early 20th century, modern scholars generally appear in the Constitution, the writings about the West Chester, such as Kang had Publishes "<citizen self-government articles>>. Kang was previously proposed in the modern sense of "citizen" concept, is also the first advocate "citizen legislature" people. see Wang Zhendong: <"Human Rights: From the World to China>>, party Reading Press, 1999 edition.

[2] See <<Chinese Revolutionary Party General Chapter> ", in <<Sun Collection>> III, Zhonghua Book Company, 1984 edition.

[3] 29 September 1949 the first session of the CPPCC plenary session.

[4] <<Daily>> September 26, 1949, cited in Xu Chongde editor: <"China Constitution Reference Selected>>, China Renmin University Press, 1990. Reposted elsewhere in the Research Papers Download http:/ / www.hi138.com